ILR SETO Spouse + Child

[tatetate]

Hi everyone,

I want to thank you all in advance for all the efforts that has made possible for many of us to benefit from,

I am in process of applying for ILR via Tier 1 G Route..

Can some one pls guide me if i can use SET O for my spouse and Child.

Plus what are the documents needed for Child & Spouse.

Also if some one can confirm what photocopies are required or recommended to make life easy for case worker.

Thanks
Tate

[CR001]

You can use one Set(O) form for you and your dependents, depending on whether your dependents qualify for ILR at the same time as you, i.e. when did they enter the UK and visa validity dates etc.

For spouse, 2 years proof of cohabitation from 6 difference sources.

[tatetate]

Thanks CR.

Spouse came to uk in 2011 Where as child was born here in UK 2012.

I have obtained a nric certificate showing language equvlnt to b5. against a medicine degree in pakistan. would that do?

what documents are needed for child?

Thanks

[CR001]

Are you planning on applying for British Citizenship for your child born in the UK?

Not sure about your degree but seems it should be ok.

[tatetate]

CR:

Can i apply for myself and wife without applying for my child? He has pakistani passport and on my tier 1 dep visa.

Thanks

[tatetate]

Are you planning on applying for British Citizenship for your child born in the UK?

Not sure about your degree but seems it should be ok.

Just to add, our tier 1 runs out 10th of Aug, so lets say if we dont apply via peo, and send our paperwork by post, what happens to our child status if his visa runs out?

Option 2: if we go to peo and apply for myself n spouse, wouldnt they ask why are not we applying for our child?

Thanks in advance.

[vinny]

1. Child becomes an overstayer. However, if child is under 10 years old, then overstaying does not affect child's entitlement to register.

2. A UK-born child does not require ILR in order to register. Child's registration requires that a parent has ILR. If the child's parent fails the ILR application, then child's ILR application would fail too. Moreover, if child was granted ILR, then it will cease to exist once the child has been granted British citizenship.

So, if intending to register child immediately after a parent is granted ILR, then child's application for lLR would be a waste of time for the caseworker and a waste of money for the parents.

[tatetate]

Vinny,

Thanks your detailed message,

Can u please elaborate Term "Cease" as i did not understand this.

Regards

Tate

[vinny]

As can be seen, the general provisions in the 1971 Act regarding leave to enter and remain are expressly stated not to apply where a person is a British citizen. We do not consider that it is compatible with the scheme of that Act to regard indefinite leave to remain (or any other sort of leave) as having some sort of vestigial existence, whilst the person concerned remains a British citizen. A person cannot be both a British citizen and concurrently subject to indefinite leave to remain. Upon becoming such a citizen, the appellant became a person to whom section 1(1) applied. As Mr Deller put it, the appellant’s indefinite leave to remain simply ceased to exist.

[tatetate]

Thats clear,

Thanks so very much,

However, we still can apply for his ILR incase we have to travel to home country for a trip. Meanwhile we can apply for his registration?

I know ILR will be wasted as he can be citizen directly since being born here and related to settled parent.

Also read your comments about over staying for under 10 years old child however will not impact his future applications.

Not sure what to do

[CR001]

When does the childs Tier 1 Dependent visa expire?

[tatetate]

When does the childs Tier 1 Dependent visa expire?

Our visas runs out on 10th of Aug!

[CR001]

If you have travel plans, then it might be safer to apply for ILR for the child.

[tatetate]

CR

No Travel Plans for next 3 months, but if child is over stayed and we get ILR would that make any issues?

Thanks

[CR001]

How old is the child?

[tatetate]

CR:

He will be three in december.

[CR001]

He won't be an overstayer as such and does not need valid leave to Register as a British Citizen. You can use NCS to apply as then you get to keep all the original documents including passports.

[tatetate]

CR:

Thanks very much for your help, one last thing, Childs Visa is also running out along ours, incase our application takes time, he will not be considered over stayed?

or as soon i receive my ilr, even if his visa has expired, i still can register him as citizen?

Thanks

[CR001]

CR:

Thanks very much for your help, one last thing, Childs Visa is also running out along ours, incase our application takes time, he will not be considered over stayed? No he won't. He has an entitlement to Register as he was born in the UK and also he still tiny.

or as soon i receive my ilr, even if his visa has expired, i still can register him as citizen? Yes, it is an entitlement to register and not at the HO's discretion. He does not need valid leave or ILR to register, just proof that you have ILR.

Thanks

[tatetate]

Very Kind of you!

[tatetate]

When does the childs Tier 1 Dependent visa expire?

Dear CR.

Can you please confirm if i need any sort of assesment calculator for ILR SETO, as i cant find one,

I have had both my Degrees Bsc and Msc from UK and they were declared and shown in Previous Tier 1 G applications.

Sadly Tier 1 G is no more there so i cant find point based calculator.

I know its weekend but if anyone sees this before tom morning as i am sending my files via post tom.

Thanks in advance.

[Nabcan]

Hi,
I think you can use calculator selecting Tier-2 as an option. Best of luck.